由“公公娶前儿媳”引发的法律思考

摘要

In recent years, the marriage between affinities, such as father-in-law and former daughter-in-law, or son-in-law and former mother-in-law, has become a common practice in different regions in China. Whatever the purposes of their proposals are, they always can receive a marriage certificate to form legal families. But the relationship among lineal relatives of husband or wife will be complicated and confused, because the marriage between direct affinities is not forbidden by “The Marriage Law of the People’ s Republic of China”. In order to play the active role of moral norm and legal norm, it is suggested to ban the marriage between linear affinities.%近年来，“公公娶前儿媳”、“女婿娶前岳母”的案例在我国时有发生，不论其结婚目的为何，他们均能从婚姻登记管理机关领到结婚证，从而组成法律上认可的家庭。但是，这样的家庭关系往往导致夫妻直系亲属间伦理关系错乱，继而对现行法律规定的适用提出质疑。究其根源，是因为我国现行《婚姻法》未将直系姻亲列入禁婚之列。为有效发挥道德与法律两种调整手段的积极作用，有必要在法律上明确禁止直系姻亲间结婚。